After a drunk driving arrest in Texas, you must act quickly to prevent the Texas Department of Public Safety from revoking your driver’s license.
You can do this by requesting an Administrative License Revocation (ALR) hearing within 15 days of your arrest or when you receive notice that your license is suspended.
In some cases, individuals unaware of this requirement may lose their driver’s license even if they later resolve their criminal charges.
An attorney at the Austin Hagee Law Firm can make the ALR hearing request and represent you during the proceedings. If you need to schedule an ALR hearing in Texas, our attorneys can help.
We understand that one small mistake can throw you for a loop. Losing your driver’s license may have a significant financial impact on you and your family. Thus, we fight for hard-working people, so their lives can return to normal.
To get started today, please contact us online.
What Is a Texas ALR Hearing?
An administrative license revocation (ALR) hearing is your opportunity to challenge your DUI/DWI charges and keep your driving privileges while your criminal case moves through the criminal justice system.
Hiring a criminal defense lawyer with ALR hearing experience will increase your chances of winning an ALR hearing in Texas.
Criminal defense attorneys know the common mistake’s law enforcement officers make on DUI arrests and can exploit these errors to help you keep your license.
Examples of potential defenses to your DUI charges include:
- The officer lacked reasonable suspicion to pull you over;
- You did not receive your implied consent rights before refusing a blood or breath test;
- Your blood or breath sample was collected incorrectly; or
- The officer lacked probable cause to arrest you for DUI.
If you do not request an ALR hearing within the 15-day deadline, you will automatically lose your driver’s license for a minimum of 90 days and a maximum of two years.
An ALR hearing attorney, however, can help you explore your options if you miss your deadline to request an ALR hearing.
For example, you may be able to request an occupational driver’s license that authorizes you to drive for employment purposes or to attend school.
If you need to request an ALR hearing, fight for your license in an ALR hearing in Texas, or explore your other options, contact Austin Hagee Law Firm today.
Is It Worth Requesting an ALR Hearing?
It is always worth requesting an ALR hearing. Remember, you will automatically lose your driving privileges if you do not request a hearing.
In many cases, the only evidence the prosecution has against a person in this hearing is the arresting officer’s testimony. If the arresting officer misses the hearing and cannot testify, the case may resolve in your favor, and your driving privileges will be restored.
Therefore, it is always worth requesting a hearing to fight your suspension. One of our ALR hearing attorneys can assess your case, examine the evidence, and help you build a strong legal defense.
How to Win an ALR Hearing
Winning an ALR hearing depends on the timely filing of your ALR hearing request, the persuasiveness of your arguments, and your attorney’s ability to cast doubt on the prosecutor’s position.
There are several ways to achieve this goal, but let’s look at three common ways to win an ALR argument.
Show a Lack of Reasonable Suspicion
The officer must have reasonable suspicion to stop your vehicle. If they do not have reasonable suspicion that you are committing a crime, the traffic stop is unlawful.
Reasonable suspicion is a lower threshold than probable cause, but it is certainly more than just a hunch. In other words, the officer must reasonably believe you are committing a crime or violating a traffic regulation to pull you over lawfully.
Conduct giving rise to reasonable suspicion can include:
- Driving behavior consistent with signs of intoxication (e.g., swerving, failure to maintain your lane, or driving at a drastically different speed than the flow of traffic);
- 911 callers reporting your driving; or
- Dashcam video of your traffic violation(s).
You can win the ALR hearing if you show a lack of reasonable suspicion.
Argue Lack Of Probable Cause
To effectuate a lawful arrest, the officer must have probable cause to believe you committed a crime. This means they must have articulable facts to point to that led them to believe you were intoxicated.
Such indicators can be your appearance (e.g., glassy eyes), the smell of alcohol on your breath, slurred speech, or field sobriety test results.
These factors, especially when combined, could reasonably lead the officer to believe that, more likely than not, you were driving while intoxicated. You can win the ALR hearing if the officer did not have probable cause to arrest you.
Failure to Properly Advise You of Your Rights
If the officer did not read your Miranda rights before your arrest or did not advise you of the consequences of providing or refusing a breath or blood sample, according to the statutory warnings in Texas, you can win your ALR hearing.
How Can a San Antonio ALR Hearing and DWI Lawyer from Austin Hagee Law Firm Help My Case?
Our team of attorneys at the Austin Hagee Law Firm has handled countless ALR hearings in Texas and fought for the driving privileges of our clients.
We understand that a one-size-fits-all defense strategy will not help our clients defeat their charges. That is why we take the time to meet with our clients and listen to the specific details of their cases.
Once we know the ins and outs of your charges, we can craft a defense strategy that bolsters your innocence and exposes the weaknesses in the prosecution’s case. We are confident in our ability to represent your rights aggressively and effectively.
With prior experience as prosecutors, we know first-hand the tactics the district attorney’s office will use to try to prove your guilt or keep your license suspended. We will work tirelessly to fight for a favorable outcome in your case.
Contact the Austin Hagee Law Firm today to talk to one of our experienced criminal defense attorneys to help with your ALR hearing in Texas.
Frequently Asked Questions (FAQs)
What Are Common Texas ALR Hearing Questions?
You’ve scheduled an ALR hearing, and now you are wondering what questions will be asked at the proceeding. The exact questions differ depending on the situation, the witnesses, and the examining attorneys.
But some commonly asked questions of the officers might include the following:
- How was your driving before the officer pulled you over?
- What was your behavior like when the officer made contact with you?
- Did the officer request that you submit to a breathalyzer test? If so, did you refuse?
- Were you advised of your rights before submitting to the test?
Your lawyer will be able to predict the questions to ask the officer more accurately once they assess the facts surrounding your arrest. They will help prepare your case for the hearing.
How Do I Submit for an ALR Hearing in Texas?
Requesting an ALR hearing is relatively straightforward. The Texas Department of Public Safety (DPS) must receive your ALR hearing request no later than 15 days after you receive notice your license has been suspended or denied. The request must be in writing. Your attorney should submit the request for you.
If you fail to schedule an ALR hearing within 15 days, you could automatically face the following:
- A DWI driver’s license suspension for a minimum of 90 days, or
- A driver’s license suspension for DWI test refusal for a minimum of 180 days.
Fifteen days can go by quickly, so don’t delay. Speaking with a DWI attorney immediately is the best way to avoid losing your right to an ALR hearing.
What Can I Expect from an ALR Hearing?
During an ALR hearing, an administrative judge will hear arguments from both sides: the prosecuting attorney and your defense lawyer. The prosecuting attorney will ask the judge to strip you of your license, and your attorney will advocate to keep it. Your lawyer will question the arresting officer who stopped you and asked you to perform the standardized field sobriety tests. Overall, the hearing can proceed similarly to a trial, albeit less formal, including significant testimony and questioning under oath.